R v Teck Lee Lew [2004] NSWCCA 320

R v Teck Lee Lew [2004] NSWCCA 320

The conviction and sentence on the alternative armed robbery count could not stand because the jury had convicted the applicant on the primary murder count and no sentence should have been imposed on the alternative count. The 14-year head sentence for being an accessory before the fact to murder was not shown to be manifestly excessive because the trial judge had already substantially differentiated the applicant's culpability from that of Lo and Ng and had allowed for his limited role and attempted withdrawal. However, the non-parole period exceeded the statutory proportion without explanation, so the Court intervened and substituted a 10-year non-parole period, finding special...

Jurisdiction
Australia
Judgment Date
21 September 2004
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Appeal against conviction for the alternative armed robbery count allowed; conviction and sentence on that count quashed. Leave to appeal against sentence for attempted armed robbery refused. Leave to appeal against sentence for murder granted and appeal allowed in part by varying the non-parole period while...
Legal Topics
['accessory Before the Fact to Murder' 'accessory Before the Fact to Armed Robbery' 'attempted Armed Robbery' 'felony Murder' 'withdrawal From Joint Criminal Enterprise' 'non Parole Period' 'manifest Excess']
['criminal Law' 'sentencing'] ['accessory Before the Fact to Murder' 'accessory Before the Fact to Armed Robbery' 'attempted Armed Robbery' 'felony Murder' 'withdrawal From Joint Criminal Enterprise' 'non Parole Period' 'manifest Excess']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the conviction and sentence for being an accessory before the fact to armed robbery on 22 May 2001 should be quashed because it was an alternative count to the murder count on which the jury returned a guilty verdict.' "Whether the head sentence for being an accessory before the fact to murder was manifestly excessive having regard to the applicant's limited role, attempted withdrawal, and lack of contemplation of killing or grievous bodily harm." 'Whether the non-parole period imposed for the murder count exceeded the statutory proportion without adequate reason and should be varied.']

Ratio Decidendi

The conviction and sentence on the alternative armed robbery count could not stand because the jury had convicted the applicant on the primary murder count and no sentence should have been imposed on the alternative count. The 14-year head sentence for being an accessory before the fact to murder was not shown to be manifestly excessive because the trial judge had already substantially differentiated the applicant's culpability from that of Lo and Ng and had allowed for his limited role and attempted withdrawal. However, the non-parole period exceeded the statutory proportion without explanation, so the Court intervened and substituted a 10-year non-parole period, finding special...

Court Disposition

Appeal against conviction for the alternative armed robbery count allowed; conviction and sentence on that count quashed. Leave to appeal against sentence for attempted armed robbery refused. Leave to appeal against sentence for murder granted and appeal allowed in part by varying the non-parole period while...

Orders

  • ['Allow appeal against conviction for being an accessory before the fact to armed robbery on 22 May 2001.' 'Quash the conviction and sentence in relation thereto.' 'Refuse leave to appeal against the sentence imposed for being an accessory before the fact to attempted armed robbery on 14 May 2001.' 'Grant leave to...